According to Presidential notifications of 1964 and 2002 and Home Ministry directives, caste certificates are primarily based on the father's caste and residence in the state. Previous Supreme Court decisions also considered the father's caste to be decisive.
New Delhi: The Supreme Court has delivered a significant ruling to facilitate the education of a minor girl. Where the father belongs to a non-SC community, the child can be granted an SC caste certificate based on the mother’s ‘Adi Dravida’ caste. This decision could set a new precedent in the changing social landscape, although the court has left major legal questions open.
This case involves a minor girl from Puducherry. The Madras High Court had previously ordered the issuance of a SC certificate, which was challenged in the Supreme Court. A bench of Chief Justice Surya Kant and Justice Jyomlya Bagchi rejected the challenge, stating that the certificate should be issued so that the girl’s education is not affected. The bench clarified that the legal debate is being kept open for further discussion.
The Chief Justice made an important observation that could spark debate. He said, “In changing times, why not issue a caste certificate based on the mother’s caste?” This raises the question: if the mother belongs to the SC community and the father belongs to the general caste, should the child receive SC benefits? Especially if the child is growing up in the mother’s family. In this case, the mother of the minor girl stated that her husband has been living with her in her parents’ home since marriage, and that their ancestors belong to the Hindu Adi Dravidian community. The mother had sought certificates for all three children—two daughters and a son.
Supreme Court’s stance in previous decisions
In previous cases, the Supreme Court had clearly stated that according to Hindu custom, a child’s caste is determined by the father. In the 2003 case of Punit Rai vs. Dinesh Chaudhary, the Supreme Court stated that the primary basis for determining caste is the father’s caste. In the absence of a law, a child inherits caste from the father, not the mother.
In the 2012 case of Rameshbhai Dabhai Naika vs. Gujarat, a two-judge bench stated that the presumption of the father’s caste is strong in inter-caste marriages, especially if the father belongs to a higher caste. However, this presumption is not final.
The child can provide evidence that they grew up in the mother’s SC/ST community. If they faced difficulties typical of that community, the mother’s caste may be considered. If the child has always been considered a member of the mother’s community, they may receive a certificate.
Senior IRS officer Netra Pal wrote in his post regarding this matter, “Last year, I wrote regarding Rohith Vemula’s claim for a Scheduled Caste certificate, stating that even if the mother belongs to a Scheduled Caste and the father belongs to an Other Backward Class, the son can still claim a Scheduled Caste certificate based on the DoPT circular. Now, the Supreme Court has also upheld this. There appears to be no error in the decision, as it follows the DoPT circular.”
Geetha Sunil Pillai
Courtesy: Hindi News